If you're going to get charged with a crime, maybe you better hope it's not in Nevada.
Police and prosecutors in the Las Vegas Valley routinely try to keep essential information from defense lawyers, violating the constitutional rights of those accused of crimes, defense attorneys and the county public defender say.
Besides violating the U.S. and Nevada constitutions and potentially putting innocent people behind bars, the actions of the district attorney's office and Metro Police waste large amounts of time and money, as defenders must go to court over and over to obtain evidence to which they are legally entitled, the attorneys say.
Defense lawyers plan to file a "major lawsuit" in the next few months over the issue.
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Bad news, the Supreme Court ruled today in Whitfield v. U.S. that the Government does not need to prove an overt act in furtherance of a money laundering conspiracy.
The Court's decison on the federal sentencing guidelines, in the Booker and Fan Fan cases, likely will be released tomorrow.
Stay with Scotus Blog, How Appealing and Sentencing Law and Policy for the latest news.
More from Scotus on the money laundering decision. The Court likened it to the federal drug crime conspiracy statute which makes no mention of an overt act.
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The AP reports on witness testimony at day two of Charles Graner's Abu Ghraib abuse trial.
A Syrian inmate at Abu Ghraib said Army Spc. Charles Graner Jr. was the Baghdad prison's primary torturer who laughed while physically abusing him and threatened to kill him more than once.
Amin al-Sheikh, testifying via videotaped deposition shown in court Tuesday, said Graner also made him eat pork and drink alcohol, in violation of his Muslim faith, and that he listened through his cell wall while Graner and other Americans forced a Yemeni prisoner eat from a toilet.
....Asked if Graner appeared to enjoy hurting him, al-Sheikh said through an interpreter: "He was laughing. ... He laughed. He was whistling. He was singing."
I wonder if Graner still thinks things are going well for him. Here's more from the article:
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Update: Former Dean Campaign Manager Joe Trippi endorses Simon Rosenberg
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It's official, Howard Dean has announced he's running for Chair of the Democratic National Committee. Daily Kos has his full statement.
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Here's a press release I received by e-mail on Senate Democratic Leader Harry Reid's position on Social Security. I like it.
“If the president wants to know how people really feel about his Social Security plan, he should start by asking them how they will react to having their benefits cut nearly in half, which is what seniors will see if Republicans proceed with their privatization plan.
Social Security is America's promise to those who work hard and play by the rules. But through news reports and White House leaks, we know the President intends to break this promise. I hope the President uses today’s conversation to come clean about this fact.”
My previous reservations about Senator Reid are fading fast. TalkLeft received an invitation today to participate in a conference call betweeen bloggers and his staff Thursday. Unfortunately, I have a scheduling conflict but I'm most appreciative of the offer. Last we I participated in such a call with DNC Chair hopeful Simon Rosenberg. The call left me very open to him. I'm glad that the give and take of actual conversation hasn't been replaced by blogging but is being used as an adjunct. I'm also impressed by those in political positions who are reaching out to the blogosphere. Netroots activism at work.
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Cocaine has gotten a very bad reputation in the past 25 years. 1n 1976, the year Snowblind was written, it was in its heyday yet still somewhat of a novelty to the general public. Then came the War on Drugs, and it's been downhill for cocaine ever since. British Docmentarian Angus Macqueen (prior films include the Death of Yugoslavia, Gulag, Dancing for Dollars and The Last Peasants) makes a strong case for legalization in his new film, 18 months in the making. It will air in three parts in Great Britain (channel 4) beginning next Sunday. Judging by Macqueen's comments in Sunday's Observer, the film should cause quite a stir.
Celebrated documentary-maker Angus Macqueen spent 18 months on the cocaine trail across Latin America from the dirt-poor valleys of Peru to the shanty towns of Rio. Here he recalls the journey that revolutionised his views and explains why he believes 'the dandruff of the Andes' should be sold in Boots.
It's a really long article, but if you are a drug law reformer at heart, read the whole thing. Here are a few paragraphs that give you a sense of the film, of where MacQueen stood on cocaine when he began filming, and of where he ended up and why. If anyone knows how we can see the film here in the U.S., please e-mail us or leave the information in the comments.
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Mary Mapes, fired for her role as producer of the Dan Rather segment on President Bush's National Guard (non) service, has issued this statement in response to both her firing and the independent report commissioned by CBS.
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Testimony began today in the military trial of Charles Graner, the alleged ringleader of the guards who abused prisoners at Abu Ghraib prison in Iraq. His lawyer today said the abuse was acceptable. Who's he kidding?
Graner's attorney said piling naked prisoners into pyramids and leading them by a leash were acceptable methods of prisoner control. He compared this to pyramids made by cheerleaders at sports events and parents putting tethers on toddlers.
"Don't cheerleaders all over America form pyramids six to eight times a year. Is that torture?" Guy Womack, Graner's attorney, said in opening arguments to the 10-member U.S. military jury at the reservist's court-martial.
The prosecutors trotted out their cooperating co-abusers today--Ivan Frederick was another baddie. He got an 8 year sentence in exchange for agreeing to testify against Graner.
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The independent report on Dan Rather's report on Bush's National Guard service is in. Four employees got the ax.
The network fired Mary Mapes, producer of the report; Josh Howard, executive producer of "60 Minutes Wednesday" and his top deputy Mary Murphy; and senior vice president Betsy West.
The report concluded the broadcast was not the result of a political agenda, just the desire to be first in reporting the story.
The independent investigators - former Republican Attorney General Dick Thornburgh and Louis Boccardi, retired president and chief executive officer of The Associated Press - said they could find no evidence to conclude the report was fueled by a political agenda.
The network's drive to be the first to break a story about Bush's National Guard service was a key reason it produced a story that was neither fair nor accurate and did not meet CBS News' internal standards, the investigators said.
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TalkLeft will hit 5 million visitors today. We began in June, 2002 with this post, some of which we got right...
It has become readily apparent that this Administration is not interested in preserving our rights, only in convincing a fearful public that it is fighting terrorism.
We really like the way the ACLU has jumped on Mr. Ashcroft and the administration since Sept. 11.
We think the FBI has no business engaging in domestic spying. Not after all its past abuses.
And some of which turned out to be wishful thinking:
It seems like progressive and liberal websites and blogs are sprouting daily. Hopefully it will be in time to cause a major defeat for the Republicans in the 2002 elections.
2002 and 2004 are now behind us. Hopefully we'll be here for 2006. If at first you don't succeed.....
I'm off to court in the mountains ....50 degrees in Denver, snowing up there. I hope you'll catch up with our weekend posting, and check out the great blogs nominated for the Koufax Liberal blogging awards (links on top left). This is also an open thread for you.
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What makes you more likely the target of a drug cop on the Interstate? Texas Officer Tracey Freeman says,
[he]targets the drivers who go 5 mph over the speed limit, or who change lanes without signaling first. He checks to see if people's license plates are lighted, or whether they're wearing seatbelts.
So where do the dogs come in?
After stopping a car for a minor violation, Freeman, Gregg County's crime interdiction officer, walks up to the front passenger's window. He checks insurance and driver's license, studies the car's occupants to see if they're nervous, and he smells for marijuana. He introduces himself and asks where they're headed.
If Freeman thinks they're hauling drugs, he'll ask to search the car. In three years fewer than 10 people have refused. But if they do, or if he can't find anything and is still suspicious, he brings in Luctor the drug dog.
The Supreme Court is set to deliver a decision on drug dogs this term.
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Ok, this is carrying the law and order thing way too far. Charter school officials in Texas strip-searched ten 11 and 12 year olds, "down to their underwear," looking for a ten dollar bill another student reported missing. Can you imagine if it were drugs they were looking for? Cavity searches, for sure.
This wasn't even in a backwater town. It was 40 miles from Houston. [link via Last One Speaks.]
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